i'm laura ingraham in for bill o'reilly. the spin stops here because we're always looking out for you. i'm megyn kelly live in new york and tonight, it's criminal. it's an act of terrorism. >> she's horrified by the kidnapping of hundreds of school girls abroad but we learned secretary of state clinton failed to do the one thing that might have hobbled these kidnappers. plus, the brothers are real estate wiz kids, stars of an upcoming tv show and then someone found out they also hold strong christian believes. >> the word of god is the standard in my home and the standard for my marriage and company. >> now the show is cancelled and

tony perkins is here on what is becoming a massive showdown. and then new documents that suggest o'reilly may want to circle back to the president on this one. >> corporation. >> not even a smigen of corruption. >> reporter: the audit of americans whose biggest crime was apparently donating money to conservative groups. the "kelly file" starts right now. breaking tonight, new questions about the horrific kidnapping of nearly 300 school girls, and whether hillary clinton and her state department could and should have done more to track and target this terror group behind the attack. good evening, everyone. i'm megyn kelly. this is the "kelly file." we've been following the story of boca haram after a the group stormed the building taking away hundreds of school girls in a convoy of vehicles, the leader

vowing to sell the girls. >> translator: i sell women and i'll sell women until the land is filled with the blood of unbelievers. >> hillary clinton is credited with being one of the first people to bring attention p with the twitter messages hashtag bring back our girls and last night she condemned the terrorg >> the seizure of these young women by this radical extremist group, boca haram is abonnble, criminal, an act of terrorism and it really merits the fullest response possible. >> it's an act of terrorism she says, but don't the "daily beast" says hillary clinton herself campaigned against putting these kidnappers on the list of terrorists organizations when she was in control of the state department and did that repeatedly.

that as far back as january of 2012, letters from the department of justice, cia, members of congress, the fbi were sent to the state department pleading to no avail that this group be put on the state department's list of terrorists. congressman peter king even warned that quote, we are deeply concerned that boca haram's tactics appear to be increasingly international in scope, including within the u.s. homeland. despite a number of similar letters and pleas to follow, secretary clinton's state department never took action and now some of those involved have gone to the media saying quote, the one thing she could have done, the one tool she had at her disposal she didn't use, and nobody can say she wasn't urged to do it. it is gross hypocrisy. joining me now, chris dire wallet who is our politics editor and brooke goldstein who is a human rights attorney.

when i first heard people were trying to cast any blame on america or our state department or hillary clinton for what happened in nigeria, to be honest, i rolled my eyes and read more about how great the push had been to get the state department to label this group a terror organization and the strong resistance within state under her watch to do it. brooke, they have come out and said, her defenders said the reason she didn't do it is because it's basically a local matter and they didn't want to empower this local terrorist group by giving it this designation. do you buy that? >> absolutely not. i mean, it's a kin to arguing that we don't want to call a terrorist group a terrorist group because we're going to make them mad because, you know, in someway or another it's going to facilitate their ability to raise money, and the exact opposite is true. designating a terrorist group is a very important tool in seizing the ability of that terrorist

group to engage in their activities to raise money. what it does is forces the entire weight of the u.s. government to go against that terrorist group and makes it illegal for the group to engage in financial activities within our market. it makes it illegal for any organization to provide material support to that terrorist group and send as signal to the world this group needs to be stigmatized and the opposite, the failure to designate the group send as green light, go ahead, continue with your terrorist activities, you can do it with impunity. we'll turn a blind eye. >> chris, there is a column about this today and he concludes by saying from benghazi to the brother hood in egypt to boca haram, this terror group and more is a disaster but she's an excellent tweeter. we must stand up to terrorism, talking about this group she

declined to label a ter losest group. will this become a political issue? >> it already is and to the point of your question to brooke, whether that rational is legitimate or not, the truth is, it was incorrect and as we see there and whether it's there or benghazi or the russia reset or whatever else, if you think about it, at one time, the argument was that hillary clinton would have sort of a do nothing term as secretary of state, that the president mostly worked around her and wasn't really that interested in foreign policy anyway, so she didn't get to do much but log a lot of miles. now as we see what john kerry is doing and the consequences are, her decisions and her choices in realtime are consequential to the extreme degree because now she's the 2016 democratic front runner and the main hope for that party, all those things take on new significance. >> brooke, when you look at the incoming to the state department when she was in control saying put them on the list, label them

as a terrorist organization, when she refused to do it, they tried to push through legislation to force her and it was a bipartisan conclusion, it wasn't just republicans but she couldn't do it. in red -- retrospect, theyry saying she didn't want to empower them by giving them the label, but because there is an idea that doing so would have angered them and that this is more of sort of an attempt to say, hey, don't worry radical islam, we won't give you labels. we'll change our policies internally and then you won't hate us anymore. >> yeah, and not only did she not do it but the state department actively lobbied against the designation at the same time we have quotes from the state department denying, i quote, boca haram is not like al

qaeda but a social dynamic driven by poverty. that's a quote from 2012 by the assistant secretary of state for african affairs. so this administration is denying that there is a motivation to islam i cic terro and turning a a blind eye. they are not condemning what is happening in pakistan and not condemning the brutal slaughter of christians in equipment. just a couple weeks ago we had a woman that is torn apart on the street because she was wearing a cross on her neck, and this is completely ignored by the obama administration because in their view there is no such thing as islamist terrorism. >> chris, you can't pin the actions of these terrorists on anybody other than themselves but this, as you point out, could become a campaign issue because of the notions of radical islam of what terror

groups are motivated by and how they can or cannot be hobbled and a narrative we've heard used against democrats before. >> the best thing hillary clinton has going for her, she looks towards a general election is her hawkish stance on foreign policy. if this is the case and what we see in benghazi, if it's true the allegation she failed to order a response, those al a gages prove to be serious for somebody whose hawkishness is supposed to be their political selling point. >> i want to tell the audience she did put three leaders of boca haram on a terrorist list in 2012 but continued to decline to put the group on the terrorist list, believing it could enhance their reputation. panel, thank you both. >> you bet. >> thank you. we're tracking a big fight shaping up tonight after a cable network dumps a reality show about real estate over the host's religious believes.

it's on hg tv, twins, entrepreneurs and outspoken christians. >> for my brother and i to take credit for building successful businesses is like a shovel taking credit for digging a hole. we were the tools god used to get the job done. >> when a group complained that the brothers opposed gay marriage, hg tv dropped the show almost immediately but a group of christian consumers is fighting back. tony, good of you to be here. before this thing got launched on hg tv, it got the plug pulled because a group came out and highlighted their families' anti-gay rights positions and anti-abortion positions, as you would put it, biblical positions and so now the christian right is organizing to push back against hg tv. tell us more. >> well, megyn, it's the same

plot, just different channel here. you have the cultural leaks giving away to a tiny minority that want to silence, to bully, those who have orthodox christian views, that are a posed to their liberal i dee ol' gees. here is a family that made a lot of money buying and selling homes that were forclosed on and they want to turn around and help people acquire their first home, a dream home. people that may not ever own a home through this reality tv and the first prototypes out there have gotten rave reviews. it's just a a shame. but it shows you where we're headed because this is pattern we're seeing. same thing with "duck dynasty." >> if hg tv had a couple of hosts who are about to launch a tv show and it came out that they were gay and then they pulled the plug on them because they are gay, the backlash would be enormous in this country, and that's because gay rights are more and more protected and

recognized in this country. christian believes and christian rights, not so much. >> well, i mean, who decides what one can publicly advocate for. it's okay to advocate for animal rights but not the unborn? it's okay to advocate to abolish public prayer but not oppose the redefinition of marriage. what we're seeing is a small minority trying to silence the vast majority of americans -- >> let me ask you -- they seem to have conn come under harsh criticism not because they were opposed to gay marriage but said david led a prayer rally in 2012 where he said we need prayer to stop homosexuality and it's agenda and talked about how death is the consequence, according to the bible for homosexual tin, this is how that sin is to god. that type of language is

extremely alienating to very good men and women that are gay and lesbian and they don't want to see people holding those believes on television. >> i would say, megyn, those come from right wing watch. i've read those. right wing watch is as reliable as the obamacare website. there are people that hold religious positions based on the skip tour and have the right to be in public space as anyone else. >> tony, good to see you. with congress pressing an in depth investigation how the benghazi terror attack was handled, a warning for republicans plus. you might think your a kind, fair open minded person but you could be filled with ugly hateful bias and they are going to help you find out just how awful you are plus. >> you think i'm a racist? >> donald sterling secretly taped again, this time after his scandal broke. jim gray joins us on what the

nba owner said about a the case and what it means for his controversy. >> i mean, how could you think >> i mean, how could you think i'm a [ female announcer ] there's a gap out there. that's keeping you from the healthcare you deserve. but if healthcare changes, if it becomes simpler... if frustration and paperwork decrease... if grandparents get to live at home instead of in a home... the gap begins to close. so let's simplify things. let's close the gap between people and care.

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>> recently, the committee uncovered information indicating after groups provided the information to the irs, nearly one in ten donors were subject to audit. any abuse of discretion and. [ inaudible ] -- audit selection pub stopped. >> cleeta your odds of getting audited as an american city are 1%, 1% get audited. if you happen to be a donor to a conservative group seeking nonprofit status, your odds suddenly go up to 10% and he says that's no accident. this is something the irs had been denying he basically says the denials are not true. >> well, i have to tell you, megyn, this is an area i've been very concerned about for and increasingly concerned about for the last year since this story broke because people have contacted me from all over the

country and talking about how they had never been audited before, but they either donated money to a conservative organization or they donated in one case a gentleman is a songwriter and he donated a song. he wrote a song about the tea party and it was played at a number of different tea party rallies around the country and the irs not only audited him but because he didn't charge for the use of the song, they have now said that he doesn't really have music writing business and are trying to disqualify all of his business deductions. >> this -- >> i have heard story after story after story like this. >> they got the list. i mean, they inappropriately asked these conservative groups seeking tax exempt status for the list of dodonors, inappropriate. the conservative groups provided them and the irs claimed we destroyed the list, except for a few that had many names of

donors and now if you happen to be on a list, the odds go from 1% to 10%. the question is cleeta how does this happen? the groups targeting conservatives were not supposed to have been coordinating at all with the groups that do the auditing, correct? >> well, that's right and one of the things to remember, megyn, is this is a rubik's cube. it has a lot of different sides. the exempt organizations unit that lois lerner headed is not entitled to the donor information. when they asked my clients for that, i resisted and said you can't have that. but remember, that there is another division of the irs and every non-profit, even though they didn't have their tax exempt status, you're still as a tax exempt organization required by statute to turnover to the irs on a confidential schedule

all donors of $5,000 or more. they are taking the list the exempt organizations unit got and i believe those have been formed a basis for audit and i turn that over to the treasury inspector general for tax administration and talked to them about this. they are trying to figure out how to get their arms around investigating this. >> how it happened -- >> very serious -- >> the tax chief is saying every taxpayer deserves the right to assume they will be treated fairly no matter their believes and congressman is requestin ace thorough review of the policies behind audit selection. thanks for being here. i got to run. >> thank you, megyn. with congress pressing an in depth investigation into how benghazi handled the attack, a warning for republicans here. he's just ahead. also ahead, the explosive comments made by donald sterling

released today. these are new ones, wait until you hear his real reaction to the scandal that has left him banned from the nba for life. >> trying to force you to sale it, that's the thing. >> you can't force someone to sell pro some time? the next time you nt a dvd, don't bother rewinding it. the way i see it, it's t next guy's problem. oh, larry. she thinks i'm crazy. mm-hmm. but would a crazy person save 15% on car insurance in just minutes? [ chuckles ] [ malennouncer ] 15 minutes for a quote is crazy. with esurance, 7½ minutes could save you on car insurance. welcome to the modern world. esurance. backed by allstate. click or call. ♪ legs, for crossing. ♪ et...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis.

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basketball team the clippers. this from yet, another secret recording released today by radar online. this is the first time we're hearing from the owner who was banned for life after his mistress recorded him making the remarks. jim has been in contact with the sterlings repeatedly. we don't know who made this tape, jim, is this yet another person in his life recording him or we don't know who made this recording? >> we don't know who made this recording, and we don't know how it's been released. it does sound like he's not thinking that he's being taped but who knows in this story what is right and what is wrong with donald sterling but in this tape, it certainly doesn't indicate by any stretch, he thinks he's having a private conversation and now it's gotten back out and this is the same thing donald sterling said to me before the announcement by the

from san diego without permission. took on the lawsuit

wife factor into this? i know you've spoken to her and we have a quote of what she told you. it doesn't sound like she's ready to step out of this any a time soon. >> no, she says and you can put the quote up there, she says she wants to exercise her right and also said that the nba has absolutely nothing against her. >> we'll put it up on the board so the viewer ks see it. the league has never barred me and they have not told me not to go to the games. i would never do something i wasn't supposed to don't the nba has nothing against me. i have no desire to run this team on a day to day basis but plan to exercise my rights, go ahead. >> and she also said that she plans to turnover everything to pierce o'donald who is her attorney who will handle this for her and says she plans to go to games three and four because she's not been asked not to go to the games by the nba and called doc rivers, the head coach back in the play-off series before and asked him against golden state if it was okay for her to go to the game

and the coach said yes, he felt players and everybody would be comfortable with her being there. she owns 50% of this team, community property and by exercising her rights, i don't know that the nba, what their plan will be if mrs. sterling stepped forward. also a, if she divorces him, i don't know how you can force out the other 50% owners. we're in the second inning, the bottom of the second and this is a nine-inning game to steal from another sport. >> you're the sports guy and isn't it quarters? that's football. >> we got a long way to go. >> i'm out of my expertise here. jim, thank you. >> thanks, megyn. a new ruling in a rape case in texas where a judge sentenced a convicted rapist to a few weeks in jail, plus community service at a rape crisis center. yes, we've been telling you about this case but something changed. we'll tell you. you might think your a fair, kind, open-minded person but

you're not. mtv says you're probably filled with ugly hateful bias and mtv is going to help you find out just how awful you are and guess who is going to help them? care. ben shapiro is next. u ♪ ♪ ♪

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care, the counsel of islamic relatio relations, the naacp and others to educate people about bias they may not know they have. while the campaign is designed to educate people of all colors and creeds, there is the focus of the campaign that includes a documentary campaign that is dubbed the untitled whiteness project. joining me now ben shapiro, editor and chief of truth revolt and edward zimmerman. gentlemen, thank you for being here. ben, mtv wants folks to debias themselves and they have even come up with a seven-day racial bias cleanse that i gather care has helped them put together, and the theory behind this is what? >> well, i mean, the theory is we are all racist and if we don't know we're racist, we are. therefore, we're going to need

training from the mainstream media how to not become racist and the racial bias colin -- the solution is to do whatever it is that left the folks over at mtv want us to do to assuage ourself esteem and we can show that, vote for hillary clinton if we don't want to show we're racist, vote for barack obama, et cetera. >> ben, isn't this where you shout out live on saturday night because that indicates you're auditioning for the show. there is no basis in reality for what you said. it's pathetic or comical. the reality here is that the mtv campaign done in partnership, internationally respected organization and the gay sandl s

lesbian alliance spokes to the needs of 14 to 24-year-olds based upon extensive research where 41% felt they are in fact bigotry in their own thoughts and 63% show they have been prej douse. it's the painful prejous. it has a great -- >> ben, when i look at what the cleanse is going to offer, it's activities like setting a counter image as the background on your phone. ah-ha that's it, you're no longer racist if you put the person of another race as the background on your iphone and consuming media that helps built empathy, so no more all in the family for anybody that failed

their cleanse test. >> that's a propaganda effort. the idea this is not a property gran -- propaganda effort, it's based on the presumption all sorts of americans, especially young americans show the survey they are not racist, it shows they are secretly racist and the only way to cleanse it and take themselves is do all of the things that the leftest at mtv would want them to do -- >> ben -- >> let him finish. >> so what? >> ben, it's about building awareness. the anti defamation league is not a leftest organization and it's unfair to characterize them. >> the naacp, care -- >> the idea of building awareness. helping young people confront bigotry so they can confront, helping them become more sensitive to other people's needs. >> let me ask you this, robert, one of the questions we're all

bias, bipartisan, do you think there will be a little detector to see if there is an anti conservative bias in here for the young people and try to cleanse them of that to be more bipartisan. >> it's not partisanship -- >> they inject it into the psa. >> no, the entire program rises above the rhetoric we're witnessing and i think what's really important is if we don't speak to the voices of the 14 to 24-year-olds and listen to them, we're tragically doomed to repeat the history that is -- >> what about that? is there any value in saying that there is some inherent bias, a fear of difference of something that seems other and that it's valuable to sort of look at that ask try to call attention to it to stop it? >> how about combatting acts of racism and doing something about it as opposed to doing the new speak in which we go through. i'm sensing a real sort of

underlying, i don't know, racial bias to this segment. robert, i find you to be bias and based on everything you've hidden. we all know it's there. perhaps you should go through the program. at the end you'll feel free and better about yourself -- >> i think -- >> it all comes down to your screen saver. you need to come up with a different screen saver and consume media. you guys, i got to run. >> we can learn from the program. ben you got a future writing for stephen colbert. >> i got to go. with congress pressing an in depth investigation into how depth investigation into how they handled the ben when folks think about what they get from alaska,

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and often, that day arrives by train. big day today? even bigger one tomorrow. when csx trains move forward, so does the rest of the economy. csx. how tomorrow moves. update on a controversial case out of texas where a judge sentenced an admitted rapist to just 45 days in jail and community service at a rape crisis center. hello judge howard? a new judge implemented stricter terms. he must not have any contact with children, must be evaluated for sex offender treatment and must stay away from pornography. those are typical term when is you get convicted of rape. the new judge said your previous

court gave you a second chance, don't expect a third from this court. the court was not allowed to change the jail time and the rape crisis center says there is no way this guy will be allowed on its grounds. i'm not necessarily committing to a hearing. i'm committing to getting the answers and it may be in the form of a deposition, which as you know, megyn, as a very good attorney which you once were, that is the route that's most conducive to eliciting the truth. >> that's trey goudy. he wants to get answers from secretary hillary clinton about the attack that killed four americans including the ambassador. high next guest has a warning. charles is a fox news contributor and author of "things that matter." it's been "the new york times" best sellers list 26 times.

good of you to be here and what is that warning? >> i think, what we just heard him say, i think he's the right man for the job and i think he understands people are assuming the mainstream media are propagating the myth that this is going to be some political circus, some political triumph for the republicans. this is very dangerous. think about this, megyn. this is 2014. the winds are behind the republicans on all the major issues, obamacare, the economy, setbacks, all of this on the republican side. benghazi hearings can only district from this at best and really wreck it at worst if they turn into a partisan circus. so far from being a poll litica advantage, this is a high-risk operation and requires someone

like gouty apparently from the answer p you just played seems to be not just the spectacle that matters or the speeches made by the members of the committee, it's simply getting the facts and if this committee can uncover new facts, it will have succeeded and the politics will take care of themselves. >> do you think it's worth the risk? >> if you were doing this purely as a partisan matter, if you were simply a consultant brought in to tell the leadership of the republicans is it worth doing this for political reasons to help you at the election, i would say no. -on t on the other hand, i'm an american and believe in truth. hillary clinton said what's the difference why this happened at this late date? the difference is the difference between truth and falsehood, between allowing administration to get away with a successful stone wall and denying them that success. so the reason to do this is a

sincere desire to really understand what happened and to make sure there is accountability. there has been zero accountability and there are four americans dead. >> how does it play in a potential 2016 presidential race involving hillary clinton? because we talked last night on the show about an interesting theory involving the latest monica lewinsky, you know, revelations in "vanity fair." grover came out and said don't be distracted by monica lewinsky in "vanity fair." they didn't keep the focus on bill clinton's financial and economic policies and wound up losing seats. could this benghazi sort of narrative district from other issues or on the other hand, hay it -- may it lead to trouble for hillary clinton to regain the white house? >> it's a two-part issue.

the short term is 2014 and i think you're absolutely right that the potential correct analogy is 1998 in the sixth year administration always sustain losses in midterm. this is one exception this was the year of the impeachment, the republicans over shot. they angered people and as a result, instead of winning seats, they lost that cause to newt gingrich and cost his job. that's the risk of doing this and that gives lie to the charge that republicans are doing this to help them in the med term election. second part of the question has to do with 2016. first i think 2016 is so far away, whatever the results here, unless they are very dramatic, are unlikely to have any effect on hilary's prospects but it is possible since we really don't

know what happened on the night of the events, we don't know the timeline. we don't know where hilary was. we don't know where the president was and what he was doing. we learned he wasn't in the situation room. so depending on what we learned, it could have an effect. i doubt that it would have a decisive effect that would still resonate two years from now. >> what do you make of the democrat's push to have the select committee to be even republicans versus democrats, even though they didn't do that and now the republicans do control the house? >> it a joke. it's a stunt. when the democrats control the senate, you think if they were a a comparable committee in the senate, it would be 50/50? of course not. that's not how it's done. this is simply a way over the process so they can delay or sort of throw people off the scent of the content.

in the end, all we have to remember from these hearings from this committee from the depositions that gouty was just talking about is the facts. new facts that we don't know. many of them still unanswered, as i said, for example, the timeline, these were eight hours, eight hours on that fateful night. where was the president? was he doing? where was hilary? was she doing? lots of questions. that's all that matters. the process no one will remember or care about. >> charles, great to see you. >> pleasure to be with you. >> a supreme court ruling on public prayer offering what the next guest calls a rare opportunity for people of faith. todd starnes joins us after a the break. >> when they are called on in times of need. let them faithfully serve them and the

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shall we pray? almighty and everlasting god, father, son, and holy spirit, it is with a due sense of reverence and awe that we come forth seeking your blessing upon this gathering. >> earlier this week, the u.s. supreme court sided with the folks in the town of greece, new york. according to my next guest, that was a rare victory for america as he releases his new book "godless america." joining me, the author todd

starnes. >> thanks, megyn. >> you already caused a problem for many on the left who don't like the title of your book, the theory and the excerpts, are you happy? >> happy as a claim. i feel like a "duck dynasty" guy where right is wrong and wrong is right and i think a lot of other people in this country feel the same way do, that something is just not right and that something is a war on religious liberty that is specifically targeting the christian faith. >> we talked about this earlier in the program with respect to this new hgtv show. you know, todd, it's one of the things where the clash continues. where, there is a movement in the country to recognize gay rights and not to discriminate against gays and lesbians and yet many on the right say that diminishes their biblical positions. how do we ever resolve this? >> as i write in my book and megyn, i'm from the southern states. look, i don't care how you butter your biscuit, don't tell me how to butter mine. this is not a matter of me

telling someone you can't do something. this is a matter of, hey, we are all created equal in the eyes of god. so folks like the hgtv guys, that's a very troubling story. now the lgbt activists are saying you can't even hold a job in the country if you don't believe the way we believe. my book has dozens of examples just like those hosts who found themselves on the wrong side of that issue. >> let me ask you about your much simpler time references. sounds like you're longing for the days when girls were girls and men were men. >> back when spam was something you fried. >> i don't know if i'm longing for those days, but it sounds like a provocative title and

book. >> thanks. >> we'll be right back. ♪ ♪

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senator harry reid came o senator harry reid came out today and accused the media of having a right wing bias. the main stream media has a right wing bias according to senator reid. huh? the kelly file will examine the controversies plaguing the obama

administration, where were they on benghazi, have they been too quick to move on from the irs scandal, and are they starting to turn on this administration? we take on those questions tomorrow night. thanks for watching, everybody. i'm megyn kelly. this is the "kelly file." welcome to "hannity." tonight two obama cabinet members have been subpoenaed while an former administration official has been held in contempt of congress. that's just the beginning of the jam-packed show. america, are you ready? it's time to roll. tonight we look inside the obama administration's content for the truth with congressman. >> we would much rather have the